Terms of service
Overview
Welcome to Kratos Health, Inc. (“we,” “us,” or “our”). We operate this store and website and provide customers with a curated shopping experience, including all related information, content, features, tools, products, and services (collectively, the “Services”). Our affiliate, FMG Health Sciences, Inc., may be involved in providing the Services. We provide the Services using Shopify.
These Terms of Use and all policies referenced herein (collectively, these
Terms” or the “Terms of Use”) describe your rights and responsibilities when using the Services.
These Terms contain important information about your legal rights, including disclaimers of warranties and limitations of liability. Please read them carefully.
By viewing or interacting with our Services, you are deemed to have agreed to these Terms and to our Privacy Policy. If you do not agree to these Terms or to the Privacy Policy, do not use or access the Services.
Section 1 – Access and Account
By agreeing to these Terms, you represent that you have reached the age of majority in your country or region of residence, or, if you are a minor, that you are using the Services with the consent of a parent or legal guardian.
When using the Services (including accessing or browsing the online store, or purchasing products or services we provide), you may be asked to provide certain information such as your name, address, telephone number, email address, and payment information. You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. We are not liable for any damages arising from unauthorized use of an account. You may not transfer, sell, assign, or lend your account to any third party.
Section 2 – Our Products
We make every effort to accurately represent our products and services on the online store. However, please understand that the color tones, textures, and other on-screen appearances may differ from the actual items due to your device type and its settings/configuration.
We do not guarantee that the appearance or quality of any product or service will meet your expectations or perfectly match the descriptions displayed in the online store. We also do not warrant that any product will achieve specific health effects or purposes, nor do we suggest efficacy beyond what is permitted by applicable laws. Information on the Services and our products is not intended to diagnose, treat, cure, or prevent any disease. It is not a substitute for professional advice from physicians or other healthcare professionals; always consult a professional for health-related decisions. Please be sure to review each product’s ingredient labeling. If you have specific allergies or pre-existing conditions, consult your physician before use. We are not responsible for disadvantages or adverse outcomes attributable to an individual’s constitution or health condition.
Product descriptions may be changed from time to time at our discretion without prior notice. We reserve the right to discontinue the sale of any product at any time and, at our sole discretion, to limit the offering or quantities of products to any person, region, or jurisdiction. In addition, sales or shipments may be limited due to legal compliance or logistical constraints.
Section 3 – Orders
Your order constitutes an expression of intent to purchase our products or services. We reserve the right, at our discretion and for any reason, to accept or decline your order. No order is complete—and no contract takes effect—until we confirm our acceptance of your order.
Before accepting an order, we must receive and process your payment. Please review your order details carefully before finalizing. After an order has been accepted, we may be unable to accommodate requests for cancellation or changes. If we do not accept, or if we change or cancel, an order, we will endeavor to contact you at the email address, billing address, or telephone number you provided at the time of order.
Due to the nature of our products, returns and exchanges are generally not accepted. Only in cases of defective items or incorrect shipments will we issue a refund or exchange in accordance with our “User Guide – 3. Returns & Exchanges.” Because of the nature of the products, items that have been opened or used cannot be returned or exchanged under any circumstances. If you wish to request a return or exchange, please contact us within three (3) days of delivery.
You represent and warrant that products you purchase are for your personal use or for use within your household, and not for resale, onward sale, import/export, or any other commercial purpose.
Section 4 – Pricing and Billing
Prices, discounts, and promotions displayed in our online store are subject to change without notice. The price of a product or the fee for a service will be the price in effect at the time your order is finalized and will be stated in your order confirmation email. Unless expressly indicated otherwise, displayed prices do not include consumption tax, shipping charges, handling fees, customs duties, or import fees.
Prices shown in our online store may differ from prices in physical stores or in online stores operated by third parties. We may run promotions from time to time in connection with the Services; such promotions may affect pricing and are governed by terms separate from these Terms. In the event of any inconsistency between a promotion’s terms and these Terms, the promotion’s terms will prevail.
You agree to provide current, complete, and accurate purchase information, payment information, and account information for all purchases made at our store. You agree to promptly update your account and other information—including your email address, credit card number, and expiration date—so that we can complete your transactions and contact you as needed.
You represent and warrant that: (1) the credit card information you provide is true, accurate, and complete; (2) you are duly authorized to use the credit card for your purchase; (3) charges incurred by you will be authorized by your payment provider (including your credit card company); and (4) you will pay the posted prices and all applicable charges, including shipping, handling, and all applicable taxes.
Section 5 – Shipping and Delivery
We strive to ship products as promptly as possible; however, delivery may be delayed due to circumstances involving the carrier, weather conditions, customs procedures, or other factors beyond our reasonable control. We are not liable for such delays. Any stated delivery timeframes are estimates only and are not guaranteed. If any damage or contamination is found upon arrival, please contact us within three (3) days of delivery. For defective items attributable to our fault, we will provide a refund or replacement.
As a general rule, we ship only within Japan. We do not accept orders for delivery outside Japan. Even if overseas shipment is exceptionally permitted, we make no warranty that the product complies with the laws or regulations of any country, and the acquisition of import permits and all customs procedures shall be the customer’s sole responsibility."
Section 6 – Intellectual Property Rights
The Services (including, without limitation, trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, and the design, selection, and arrangement thereof) are owned by us and our affiliates or licensors and are protected by copyright, trademark, patent, and other intellectual property laws of Japan and other countries.
Under these Terms, you are permitted to use the Services only for personal, non-commercial purposes. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, repost, download, store, or transmit any content on the Services. Except as expressly stated in these Terms, nothing herein grants you any license or other rights under our, Shopify’s, or any third party’s patents, trademarks, copyrights, or other intellectual property rights. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted in these Terms are reserved by us.
Our names, logos, product and service names, slogans, designs, trade dress, and other identifiers—including “Kratos Health” and “Mitozz,” whether registered or unregistered—are owned by us and/or our licensors and are protected by law. You must not use, reproduce, adapt, publicly transmit, distribute, or display any of the foregoing without our prior written permission. You are also prohibited from using identical or confusingly similar indications, or from unauthorized use in domain names, account names, meta tags, hashtags, or other identifiers, and from any act that may cause confusion or imply sponsorship, affiliation, or endorsement by us. “Shopify,” and its names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.
Section 7 – Third-Party Tools
As part of the Services, you may be provided with access to tools supplied by third parties; however, we do not monitor these tools and are not involved in their management or content.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of third-party tools.
Your use of any third-party tools made available through our site is entirely at your own discretion and risk, and you must ensure that you fully understand and agree to the terms of use set by the applicable third party.
We may, in the future, add new features to the Services (including the provision of new tools or resources). Any such new features will be deemed part of the Services and will be subject to these Terms.
Section 8 – Third-Party Links
The Services may include links to websites or features provided or operated by third parties. We make no warranties and assume no responsibility regarding the content, accuracy, or security of such third-party sites or content. If you leave the Services and access a third-party site, you do so entirely at your own risk. We are not liable for any loss or damage arising in connection with your purchase or use of products or services on any third-party site. Please carefully review the applicable third party’s policies and terms and conduct any transactions at your own discretion. Inquiries, complaints, or other communications regarding third-party products or services should be directed to the relevant third party.
Section 9 – Relationship with Shopify
[Note to merchants: This section accurately reflects the relationship between Shopify and your store and must not be removed or altered.]
This Store is operated by Shopify to provide the Services to you. However, all purchases you make on our Store are made directly with Kratos Health, Inc. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of your transactions with us (including any damages or injuries arising from products or services you purchase). You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or relating to your purchases and transactions with us.
Section 10 – Privacy Policy
All Personal Information we collect through the Services is subject to our Privacy Policy (available here: Privacy Policy). In addition, certain Personal Information may be subject to Shopify’s Privacy Policy (available here: https://www.shopify.com/legal/privacy
). By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes Personal Information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services may be shared with and transmitted to Shopify and to third parties that may be located outside your country of residence, and used to provide the Services to you. For details on how we, Shopify, and our partners use your Personal Information, please refer to our Privacy Policy."
Section 11 — Feedback
"If you submit, upload, post, or transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, under this license we may operate, provide, evaluate, enhance, improve, and promote the Services, and perform our obligations and exercise our rights under these Terms.
You further represent and warrant that: (1) you own all rights in the Feedback or otherwise possess all rights necessary to grant the foregoing license; (2) you disclose any compensation or incentives received in connection with submitting the Feedback; and (3) the Feedback complies with these Terms.
We have no obligations to: (1) keep your Feedback confidential; (2) provide compensation for any Feedback; or (3) respond to any Feedback. In our sole discretion, we may monitor, edit, or remove Feedback that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise inappropriate, or that infringes a third party’s intellectual property rights or violates these Terms, but we are not obligated to do so.
You agree that your Feedback will not infringe the rights of any third party. You also agree that it will not contain defamatory, unlawful, abusive, or obscene material, or any viruses or other harmful code that could adversely affect the operation of the Services. You must not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback. You are solely responsible for your Feedback and for its accuracy, and we assume no liability for any Feedback posted by you or any third party.
Section 12 — Errors, Inaccuracies, and Omissions
Product descriptions, prices, promotions, offers, shipping charges, delivery timeframes, availability, and other information displayed on or within the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors, inaccuracies, or omissions, to change or update information, and to cancel any orders (including after an order has been finalized) if any information is inaccurate, in each case with or without prior notice.
Section 13 — Prohibited Conduct
"You must use the Services only for lawful and legitimate purposes. You must not:
1. Use the Services for any unlawful or malicious purpose.
2. Engage in conduct that violates international law, national law, ministerial ordinances, municipal ordinances, or other regulations.
3. Infringe our or any third party’s intellectual property rights.
4. Harass, threaten, defame, or otherwise abuse our employees or any other person.
5. Transmit false or misleading information.
6. Send, receive, use, or reuse any content in violation of these Terms.
7. Send unsolicited messages, chain letters, spam, or similar solicitations.
8. Impersonate any person or organization.
9. Interfere with the use of the Services or cause disadvantage or liability to other users, us, Shopify, or others.
10. Upload or transmit viruses or other harmful programs.
11. Illegally reproduce, sell, or reuse any part of the Services.
12. Collect or misuse others’ personal information.
13. Engage in spamming, phishing, pharming, scraping, or similar activities.
14. Interfere with or circumvent the security features of the Services or any related website.
If we determine that you have violated these Terms, we reserve the right, without prior notice, to suspend, disable, or terminate your account.
Section 14 — Termination
We may, in our sole discretion and with or without notice, terminate these Terms or your access to the Services (or any part thereof) at any time. You remain responsible for all amounts due and owing up to and including the effective date of termination.
The following provisions will survive termination: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15 — Disclaimer of Warranties and Health Notice
The information provided on or through the Services is for general informational purposes only, and we make no warranties as to its accuracy, completeness, usefulness, or otherwise. Any reliance you place on such information is strictly at your own risk. We shall have no liability to you, other users of the Services, or any third party arising from reliance on such information.
We do not represent or warrant, on the Services or with respect to our products, any diagnosis, treatment, cure, prevention of disease, or any health-related effects. All such information is provided solely for general informational purposes and is not a substitute for professional advice from physicians or other healthcare professionals. Before use, you must review each product’s ingredient labeling, and if you have specific allergies or pre-existing conditions, consult your physician.
Unless we expressly provide otherwise, the Services and all products provided through the Services are offered on an “as is” and “as available” basis. Without limitation, we expressly disclaim all representations, warranties, or conditions—whether express or implied—including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We also do not warrant that use of the Services will be uninterrupted, timely, secure, or error-free. Because some jurisdictions do not allow limitations on implied warranties or the exclusion of certain warranties, the foregoing disclaimers may not fully apply to you."
Section 16 — Limitation of Liability
To the maximum extent permitted by law, in no event shall we, our affiliates, directors, officers, employees, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any damages arising out of or in connection with your use of the Services or your use of products obtained through the Services, including without limitation any direct, indirect, incidental, special, consequential, or punitive damages. Without limitation, we shall have no liability for any side effects, allergic reactions, or other adverse outcomes arising from your individual constitution, physical condition, medical history, medication status, or other personal health circumstances. This includes, without limitation, loss of profits, loss of revenue, failure to realize anticipated savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or any other legal theory. We are also not liable for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available on or through the Services, or for any loss or damage of any kind incurred as a result thereof, even if advised in advance of the possibility of such damages.
Section 17 — Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless us, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, and claims (including reasonable attorneys’ fees) brought by any third party arising out of or relating to:
1. your breach of these Terms or any documents incorporated herein;
2. your violation of any law or of any third party’s rights; or
3. your access to or use of the Services.
We will notify you of any claim subject to indemnification. However, your indemnification obligations will not be relieved by our failure to provide prompt notice unless you are materially prejudiced by such failure. We may, at your expense, assume control of the defense and settlement of any such claim, including the selection of counsel. We will not, however, enter into any settlement that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate with the defense of any indemnified claim, including by providing relevant materials.
Section 18 — Severability
If any provision of these Terms is found to be illegal, invalid, or unenforceable under applicable law, such provision shall nevertheless remain effective to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Any such determination shall not affect the validity or enforceability of the remaining provisions.
Section 19 — Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision set forth in these Terms shall not constitute a waiver of such right or provision.
These Terms, together with the policies and operating rules that we post on the Services, constitute the entire agreement and understanding between you and us and supersede any prior or contemporaneous agreements, communications, and proposals—whether oral or written—between you and us relating to the Services (including any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party and shall be interpreted reasonably in accordance with applicable law.
Section 20 — Assignment
You may not delegate, assign, or transfer any of your rights or obligations under these Terms in any manner without our prior written consent. Any attempted assignment in violation of the foregoing shall be null and void. We may assign, transfer, or delegate our rights and obligations under these Terms without your consent or notice.
Section 21 — Governing Law and Jurisdiction
These Terms and any separate agreements under which we provide the Services shall be governed by and construed in accordance with the laws of Japan. Any dispute arising between you and us in connection with the Services shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the amount in controversy.
Section 22 — Headings
Headings in these Terms are for convenience only and shall not affect the interpretation of the Terms or limit or expand their content.
Section 23 — Changes to the Terms
We may, in our sole discretion, modify, revise, or replace these Terms, in whole or in part, from time to time. The revised Terms will apply from the time they are posted on our website, or from the effective date stated in our notice. We will notify you of any material changes to these Terms in accordance with applicable law. Your continued access to or use of the Services after the changes take effect constitutes your acceptance of the revised Terms.
Section 24 — Contact Information
"If you have any questions about these Terms, please contact us at:
Kratos Health, Inc.
Email: support@kratoshealth.io
Address: Shibuya Dogenzaka Tokyu Building 2F-C, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo 150-0043, Japan
Corporate Number: 0110-01-172294
